Blog
While Claims May Make You Cringe and Scream, May Luck Be Yours on Halloween!
By: Betsy Campo, Partner, Gainesville The date was October, 1991. After the first few stressful weeks of my third year of law school, I was looking forward to the annual “Come Dressed as Your Favorite Tort Case or Television Character” Halloween party hosted...
TPD Entitlement After Termination?
By: James Colquitt, Associate, Orlando A common source of confusion is entitlement to TPD benefits after a claimant is terminated. It is no surprise that this is a frequently litigated issue. With regards to the burden to establish a causal connection between a...
Morgan’s Tip of the Week – Getting MMI and PIR’s
Greetings, Sometimes when we are dealing with doctors who are not as familiar with the WC system, we have a difficult time getting them to address MMI, impairment ratings, etc…and complete the DWC-25.. Well the statute does provide us with some tools to help. (This...
Morgan’s Tip of the week- Litigation Volume in Florida
Greetings, DOAH (Division of Administrative Hearings) , the entity that runs the Fla WC court system just put out their preliminary annual report on the statistics of the Mediation process. The full annual report on the entire system should be out in a month or so. ...
Briefly Speaking – FL Case Law Updates (10/1/19)
Corripio, Luis R. vs. Coastal Export Inc. JCC Jacobs: Miami District Order Date: 9/16/2019 OJCC Case: 18-026824JIJ, 19-002249JIJ Date of Accident: 11/1/2016, 3/7/2017 Claimant’s Counsel: Richard J. Dolan,...
Morgan’s Tip of the Week – 120 Day Rule
Greetings, By special request, here is a tip on the “120-day rule”, one of the more frequent questions I see. Because of conflicting caselaw over the years, there is still some lingering confusion. The 120 day rule goes to the compensability of the accident itself,...
Morgan’s Tip of the Week – Exposure Claims (again)
Greetings, one of the most frequent questions I get is about exposure-type claims. This is the tip I sent last year on it, so I thought I would resend. When the statute was amended in 2003, the Fla. Legislature intentionally created a higher burden for a claimant to...
Marijuana Issues
Greetings, I am starting to see a few claims where the claimant tests positive for marijuana post-accident, and they have a Florida medical marijuana card. I have not yet seen one where the drug screen was done within a short enough window of time to deny the entire...
Difficulties with the Waiting Period under §440.12(1)
By: Sal Coppolino, Associate, Jacksonville Florida Statute §440.12(1) created what is commonly known as the “waiting period” of indemnity benefits. In short, indemnity compensation is not due for the first 7 days of the claimant’s disability, unless the injury...
Potential For Settlement Of Supplemental Benefits Entitlement for Accidents Prior To 7/1/1984
By: Ed Williamson, Senior Counsel, Jacksonville For dates of accident prior to July 1, 1984, the State of Florida pays supplemental benefits for the Claimant’s entire life, and the Carrier pays the base PTD benefit. The supplemental benefits are actually paid through...